Imteyaz Alam @ Tharu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49280 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== IMTEYAZ ALAM @ THARU Son of Md. Safi Resident of Village - Sirsiya Kala, P.S.- Adapur, Distt - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 412, 413 and 414 of the Indian Penal Code.
Informant is the police officer who in his self statement has stated that goods from one stolen truck was being unloaded by the miscreants and as police reached, 3 were apprehended and two manged to escape. The name of the petitioner has surfaced in this case as some of the stolen articles were recovered from his house.
It has been submitted on behalf of the petitioner that petitioner is innocent and had given the rooms on rent to one Vikash Sahani from whose room stolen articles were recovered after breaking open the lock of the room. Suresh Sahani father
Patna High Court CR. MISC. No.49280 of 2019(3) dt.30-09-2019 2/2 of co-accused has admitted that Vikash Sahani is tenant of the petitioner. Petitioner has got no criminal antecedent and is in custody since 21.06.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Adapur P.S. Case No. 156 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U